Pizza Hut Driver Crashes, Millions Later

**Rawrehz** · July 29th, 2010, 04:12 PM

SAN DIEGO -- A jury Wednesday awarded nearly $11 million in damages to a woman and her daughter, who were seriously hurt in a head-on collision caused by a Pizza Hut delivery driver who had a seizure just before the crash.

After deliberating for two days, jurors found that Nicole Fisk's negligence was a substantial factor in causing the November 2008 crash in Clairemont that injured 87-year-old Olena Novak and her 62-year-old daughter, Shari.

Jurors found that Pizza Hut was not negligent in hiring Fisk, who, according to the company, had a seizure and blacked out right before the collision.

Attorneys for the company said it did its due diligence when hiring the 18-year-old driver, making sure she had a valid license and insurance.

Pizza Hut attorney James Yukevich said Fisk saw a doctor several times between January and August 2007, complaining of "staring spells" and trouble breathing, but was not diagnosed with epilepsy.

After the collision, Fisk learned she was suffering from a "complex seizure disorder," Yukevich said.

Outside court, John Gomez, the attorney for Shari Novak, said the jury imposed the proper verdict which holds Pizza Hut responsible for the accident because it hired Fisk.

Olena Novak suffered a broken neck and other injuries in the crash, and her daughter suffered permanent brain damage and can no longer care for herself, he said.

Last year, attorneys for the Novaks sued Fisk and Pizza Hut, seeking unspecified damages. Fisk was eventually dropped from the lawsuit.

The jury Wednesday awarded Shari Novak $8.6 million for past and future medical costs and past and future non-economic loss, such as physical pain and suffering.

Jurors awarded Olena Novak nearly $2.2 million for past medical expenses, past and future lost earnings and past and future non-economic loss.

http://www.10news.com/news/24421302/detail.html#

**Mystica43229** · July 29th, 2010, 04:20 PM

Well, it wasn't the driver's fault because she didn't know she had the medical condition or knew that this was going to happen. How was it her negligence? To play devil's advocate: How is Pizza Hut responsible? Yes, they hired her, but they didn't know, as well as the driver, that she had that medical condition.
Anyway, it's sad that they were hurt that badly and glad they are getting compensation, but the money won't bring back their normal lives before the crash.

**proudmom** · July 29th, 2010, 05:20 PM

i dont think pizza hut is responsible... this sounds like a tragic accident. what if she had had the seizure while driving to the grocery store, would they be responsible? the victims should be compensated no doubt but isnt that what insurance is for?

**totallytoddler** · July 29th, 2010, 05:49 PM

This is a tough one.. Though I do not really feel it is the fault of the driver since she obviously did not intentionally have a seizure as to cause the accident, I feel that as a pizza hut driver with that pizza hut sign attached to her car...she was representing them, and obviously you stand to gain more from a company that a pizza delivery person.....but shouldn't pizza huts insurance pay for all that?

**Mystica43229** · July 29th, 2010, 05:54 PM

Originally Posted by totallytoddler

This is a tough one.. Though I do not really feel it is the fault of the driver since she obviously did not intentionally have a seizure as to cause the accident, I feel that as a pizza hut driver with that pizza hut sign attached to her car...she was representing them, and obviously you stand to gain more from a company that a pizza delivery person.....but shouldn't pizza huts insurance pay for all that?

You would think. But, maybe the insurance would only cover some of the damages and medical bills. They need a lifetime of care and perhaps whatever the insurance would pay wouldn't be enough. That is probably why the victims went this route.

**TheMeaningOfItAll** · July 29th, 2010, 08:43 PM

I blame the PH driver for this one. She shouldn't have been driving and had a responsibility to inform PH of her medical problems. My husband passed out a couple times and the doctor wouldn't let him drive for six months just to make sure he didn't have problems again. If PH knew she had seizures, they shouldn't have had her driving.

**Dneilz** · July 29th, 2010, 11:57 PM

I don't think she knew she was having seizures. Apparently, she had notified her doctors of strange spells and issues with breathing. Perhaps she didn't realize what was happening?

My parents were hit by a drunk driver. Their insurance paid them 300 grand, but by the time the attorney got his part, they were left with less then 170 grand. Not much when you consider my mom is permanently, irreversibly disabled. She suffered a torn spleen, 2 completely crushed cervical vertibres (2 breaks in the neck), spinal cord injuries which has partially paralyzed her left arm, hand and parts of her bowels, her right breast tissue was ripped in half, she had to have her hip opened to use bone from it to fuse her neck together with the help of a steel plate and screws. Both knees were smashed in. they took all the parts of the shattered knee caps, drilled holes and strung wires through them to piece them together and then put them back into her legs. You can feel the wires if you rub your hand on her knee. She has a corneal injury which has caused a blind spot within her vision. In fact, the impact was so bad that she had to have cataract surgery because what she could see was cloudy due to the aqueous humor being forced into areas of the cornea. It was a bad, very bad accident.... and let me tell ya.... that money they got didn't go far at all considering that she couldn't work anymore and lives on her disability and her retirement income (she had to retire early so it isn't close to what it should have been. She can no longer sit on the floor with her grand kids... get into our pool because the ladder is too steep and her balance is off due to her injuries.... there is so much she just can't do anymore. Walking is a blessing. The neuro surgeon didn't think she would ever walk again. She is in constant pain and gets stiff very quick. She is on numerous medications to try to keep muscle spasms under control. I wouldn't say her life is ruined, but she lives a lot differently and her quality of life is much different. At one point she cried to me that we should have just let her die.... (very upsetting since I was the one who busted my ass taking care of her...it wasn't easy)

Always be sure your auto insurance is the 300 grand under the uninsured and underinsured part of your insurance benefits. It is worth the little extra they charge you... they lady that hit them had NO insurance. Thank God my parents had good coverage.

You never know what twist and turns life will take you through.... Drunk Drivers SUCK

**VXIII** · July 30th, 2010, 02:36 PM

Originally Posted by Dneilz

I don't think she knew she was having seizures. Apparently, she had notified her doctors of strange spells and issues with breathing. Perhaps she didn't realize what was happening?

My parents were hit by a drunk driver. Their insurance paid them 300 grand, but by the time the attorney got his part, they were left with less then 170 grand. Not much when you consider my mom is permanently, irreversibly disabled. She suffered a torn spleen, 2 completely crushed cervical vertibres (2 breaks in the neck), spinal cord injuries which has partially paralyzed her left arm, hand and parts of her bowels, her right breast tissue was ripped in half, she had to have her hip opened to use bone from it to fuse her neck together with the help of a steel plate and screws. Both knees were smashed in. they took all the parts of the shattered knee caps, drilled holes and strung wires through them to piece them together and then put them back into her legs. You can feel the wires if you rub your hand on her knee. She has a corneal injury which has caused a blind spot within her vision. In fact, the impact was so bad that she had to have cataract surgery because what she could see was cloudy due to the aqueous humor being forced into areas of the cornea. It was a bad, very bad accident.... and let me tell ya.... that money they got didn't go far at all considering that she couldn't work anymore and lives on her disability and her retirement income (she had to retire early so it isn't close to what it should have been. She can no longer sit on the floor with her grand kids... get into our pool because the ladder is too steep and her balance is off due to her injuries.... there is so much she just can't do anymore. Walking is a blessing. The neuro surgeon didn't think she would ever walk again. She is in constant pain and gets stiff very quick. She is on numerous medications to try to keep muscle spasms under control. I wouldn't say her life is ruined, but she lives a lot differently and her quality of life is much different. At one point she cried to me that we should have just let her die.... (very upsetting since I was the one who busted my ass taking care of her...it wasn't easy)

Always be sure your auto insurance is the 300 grand under the uninsured and underinsured part of your insurance benefits. It is worth the little extra they charge you... they lady that hit them had NO insurance. Thank God my parents had good coverage.

You never know what twist and turns life will take you through.... Drunk Drivers SUCK

Is the guy in jail now? Sorry for your Mom and the rest of your family, Is she happier now and not feeling that hopelessness anymore?

**biteme** · July 30th, 2010, 03:04 PM

Originally Posted by Mystica43229

Well, it wasn't the driver's fault because she didn't know she had the medical condition or knew that this was going to happen. How was it her negligence? To play devil's advocate: How is Pizza Hut responsible? Yes, they hired her, but they didn't know, as well as the driver, that she had that medical condition.
Anyway, it's sad that they were hurt that badly and glad they are getting compensation, but the money won't bring back their normal lives before the crash.

Its Pizza Huts fault because they have money to payoff, where there's no money there's no blame as far as lawyers are concerned. The biggest problem in this country is the size of awards, other countries keep it rational to real damages, in this country it's ' how can you put a price on the value of a pinky, 100 million?" The awards have become insane, medical expenses and future earnings if affected is reasonable, but to make one an instant LOTTO winner is beyond ridiculous, especially when there was no intent

**malq** · July 30th, 2010, 10:18 PM

yeah, basically The insurance company has money and everyone will be buying more expensive pizzas as the lawyer buys a new boat.

**MichaelJCheaney** · July 31st, 2010, 12:59 AM

So wait a second here.....

Pizza Hut is somehow negligent for hiring a driver who has been to a doctor for a seizure disorder that she nor the doctors involved had yet to diagnose prior to the accident?

How does that make any sense?

**Aslan** · July 31st, 2010, 06:52 AM

Ha, reminds me
Years ago (when I was crashing with my mom and older brother) a domino's pizza guy crashed right outside our house. I wasn't around, brother ran out to make sure he was okay. once he determined dude was fine he offered him a 5 for the pizza he was due to deliver and said 'take this and I'll call a tow truck'
I walked up just as the tow truck was leaving

That was some good pizza,, only because it was unexpected and everyone was okay at the end of the day

Edit: Well...except for the person who didn't get their pizza

**Aslan** · July 31st, 2010, 07:08 AM

Whoa

Apparently, she had notified her doctors of strange spells and issues with breathing. Perhaps she didn't realize what was happening?

This is when you should simply not have a legal right to drive.

**Dneilz** · July 31st, 2010, 07:47 AM

Originally Posted by VXIII

Is the guy in jail now? Sorry for your Mom and the rest of your family, Is she happier now and not feeling that hopelessness anymore?

Actually the drunk driver was a woman. My mom is doing better, but she still has days where she gets very down. I think because every morning she wakes up she is stiff and in pain. It takes a few hours for her to become functional in the morning. Sometimes I feel very bad for her.
She recently lost her house to foreclosure because my dad died and without his income, her disability income isn't enough to cover the bills. It just adds insult to injury in the face of her reality.... she is unable to work or provide herself the life she used to afford. If she hadn't been hit by the drunkard, she would be just about ready to retire now...and with her full pension....

**VXIII** · August 8th, 2010, 07:21 PM

Originally Posted by Dneilz

Actually the drunk driver was a woman. My mom is doing better, but she still has days where she gets very down. I think because every morning she wakes up she is stiff and in pain. It takes a few hours for her to become functional in the morning. Sometimes I feel very bad for her.
She recently lost her house to foreclosure because my dad died and without his income, her disability income isn't enough to cover the bills. It just adds insult to injury in the face of her reality.... she is unable to work or provide herself the life she used to afford. If she hadn't been hit by the drunkard, she would be just about ready to retire now...and with her full pension....

Give her a hug and kiss from me, say it comes from a stranger who cares... no comfort for her i know... only you can offer that now and I know you will...